Gonzales v. Tate

Filing 36

ORDER Denying 17 Plaintiff's Motion for Injunctive Relief as Moot, signed by District Judge Anthony W. Ishii on 9/27/13. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JIMMY GONZALES, Case No. 1:11-cv-01997-AWI-MJS 10 11 12 13 ORDER DENYING PLAINTIFF’S MOTION FOR INJUNCTIVE RELIEF AS MOOT Plaintiff, v. (ECF No. 17) HAROLD TATE, 14 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Jimmy Gonzales (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights actions pursuant to 42 U.S.C. § 1983. On September 24, 2012, Plaintiff filed a motion for injunctive relief. (ECF No. 17.) This motion was related to Plaintiff’s First Amended Complaint. (ECF No. 10.) Plaintiff’s First Amended Complaint has since been superseded by Plaintiff’s Second and Third Amended Complaints. (ECF Nos. 16, 20.) Plaintiff is currently proceeding on his Third Amended Complaint on an inadequate medical care claim under the Eighth Amendment of the United State Constitution and a claim under the Americans with Disabilities Act. (ECF No. 22.) On April 19, 2013, Plaintiff also filed another identical motion for injunctive relief connected to his Third Amended Complaint. (ECF No. 29.) Since Plaintiff is no longer proceeding on the same pleading tied to his initial motion for injunctive relief, that motion (Doc. No. 17) is now moot. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion for injunctive relief (ECF No. 17) is DENIED as moot; and 3 2. This order has no effect on Plaintiff’s motion for injunctive relief that was filed on 4 April 19, 2013. 5 6 7 IT IS SO ORDERED. 8 Dated: September 27, 2013 SENIOR DISTRICT JUDGE DEAC_Signature-END: 9 10 0m8i788 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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